Orcutt v. Nelson
Massachusetts Supreme Judicial Court
Action of contract to recover the price of brandy, gin, rum, wine and spirits, sold and delivered by the plaintiff to the defendant.
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Action of contract to recover the price of brandy, gin, rum, wine and spirits, sold and delivered by the plaintiff to the defendant. The answer alleged that, if these articles were sent at all by the plaintiff, they were sent without the defendant’s order, and subject to the order of the plaintiff; and that they were spirituous liquors and sold contrary to the St. of 1852, c. 322, regulating the sale of spirituous and intoxicating liquors, the defendant not being an agent appointed by the selection of Colerain, (where he resided,) to sell for medicinal, chemical or mechanical purposes. At the…
1Opinion of the CourtShaw, C. J.
This action is brought to recover the price of brandy and other spirituous liquors, alleged to have been sold by the plaintiff to the defendant, since the passage of the act of 1852, c. 322, and the defence is founded on § 19 of that statute. The provision stands thus: “ No action of any kind shall be had *541or maintained, in any court in this commonwealth, for the recovery or possession of intoxicating liquors, or the value thereof, except such as are sold or purchased in accordance with the provisions of this act.”
It is very manifest that this statute does not prohibit all actions for the…
2Cited by2 opinions
- Feineman v. SachsSupreme Court of Kansas · 1885
- Samuel Bowman Distilling Co. v. NuttSupreme Court of Kansas · 1886